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(영문) 서울북부지방법원 2017.05.10 2016가단131882
양수금
Text

1. As to KRW 154,050,080 among the Plaintiff and KRW 118,508,00 among them, the Defendant shall start from April 4, 2016 to May 10, 2017.

Reasons

Basic Facts

The defendant is the buyer of the apartment house C (hereinafter referred to as the "multi-family apartment of this case") that was newly built in Goyang-si, Seoyang-si B, and Dlimz Co., Ltd. (hereinafter referred to as the "Dlimz") is the contractor of the new apartment construction of this case and the new dong Construction Co.,, Ltd. (hereinafter referred to as the "new dong Construction") is the contractor.

The Dong Seoul Agricultural Cooperatives (hereinafter referred to as the "Dong Agricultural Cooperatives") concluded a business agreement on the loans of part payments to the Defendant for Dlimz, Shindong Construction & buyer, and the Plaintiff is a financial institution that implemented the loans. The Plaintiff is a company that acquired part payments loans from the Seoul Agricultural Cooperatives.

On January 17, 2008, the Defendant concluded the sales contract between Drgz and 412 dong 2903 of the instant apartment at KRW 592,540,000.

On April 15, 2010, Dong Seoul Agricultural Co., Ltd. entered into a loan transaction agreement with the Defendant to lend KRW 118,508,00 to the account designated by Dratts and Newdong Construction in accordance with the above business agreement.

(hereinafter referred to as the “instant loan”). The Defendant filed a lawsuit against the Seoul Agricultural Cooperative on the purport of the claim that “Seoul Agricultural Cooperatives shall not have any claim for the loan amounting to KRW 118,508,00 against the Plaintiff,” (No. 356) with the Seoul Central District Court Decision 201Da34700, 36409, 54308, 7198 (Joint) selling price return (No. 356), but the said court rendered a ruling dismissing the Defendant’s claim against the Seoul Agricultural Cooperative on November 24, 2011, and was finally affirmed as it was on December 15, 2011 because the Defendant did not file an appeal against the said judgment.

In addition, the defendant's claim against the Dongnam Agricultural Cooperatives, "Seoul Agricultural Cooperative does not have any obligation of KRW 1,00,000 (the amount claimed) based on a loan transaction agreement concluded with the defendant on January 17, 2008 with respect to the apartment Nos. 412,540,000 (the amount supplied to 592,540,000 won, down payment, 59,254,000 won) of the apartment No. 412, 2903 (the amount supplied to the defendant)."

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